ANSWER, AFFIRINIATIVE DEFENSES AND COUNTERCLAIMS TO AMENDED
NOW COMES the Defendant __ , by her attorney ___ of Land of Lincoln Legal
Assistance Foundation . Inc., and as her Answer, Affirmative Defenses and Counterclaims to
Plaintiff s Amended Complaint, states as follows:
1. Defendant admits the allegations of paragraph one of Plaintiff's Complaint.
2. Defendant admits that she owes some rent to the Plaintiff ___ but denies the sum alleged
to be due and owing by Plaintiff.
3. Defendant denies that she received a 10-Day Notice on or about ___, states that she
vacated the premises on or about __ and that Plaintiffs were entitled to possession of the
premises since that date.
4. Defendant states that the Issue of possession is now moot since she has restored
possession of the premises to the Plaintiffs.
5. Defendant has Insufficient information to either admit or deny what repairs were required
to be made to the premises, but does state that neither she, members of her family, nor her guests
caused all the damages for which said repairs were necessary, and therefore she is not
responsible for all of said charges.
WHEREFORE, Defendant prays that this court deny Plaintiff’s claims for any rent due
past ___ and dismiss the rest of Plaintiff's actions at Plaintiff's cost.
AFFIRMATIVE DEFENSE AND COUNTERCLAIM
l. Plaintiff is alleging that, Defendant owes $0 in charges for repairs.
2. Defendant's lease attached as an Exhibit to Plaintiff's
Complaint states in pertinent part as follows:
112. The term "required payments" shall include ... (c) reasonable charges for maintenance
and repair beyond normal wear and tear to the lease dwelling, project buildings, project facilities
or other project areas caused by the tenant, by members of the tenant's family, or by their
114. Tenant agrees to pay a security deposit as provided in Section I herein to be used by
Management at the termination of the lease towards reimbursement of the charges for
maintenance beyond normal wear and tear to the dwelling unit caused by tenant, his family, or
dependents who are members of the household..."
3. Most of the charges listed in the attachment to the Motion to Amend Plaintiff's Complaint
are for items which were caused, by ordinary wear and tear after nine years of use or were
caused neither, by the tenant, members of her family, or by their guests.
4. Plaintiff knew or should have known that said damages were either wear and tear or were
not caused by the Defendant, members of her family, or her guests, in that:
All of the window shades and rollers for which Defendant is being charged are or were at least
nine years old, and Plaintiff has admitted that any damages to window shades older than 4 years
old are due to wear and tear and should not be charmed to a tenant;
b. Defendant informed Plaintiff that she was moving as of __; Plaintiff has informed by other
neighbors that Defendant had moved and that damages, particularly broken windows, had
occured in __, and that the Police had been called with regard to this incident. Plaintiff and
Defendant had discussed various of these charges at an informal conference on another subject
on __ at which time one of Plaintiff's agents informed Defendant that various of the charges were
e. Many of the said charges have been the subject of previous informal conferences, at
which time it has been determined that Defendant was not liable for said charges.
5. Plaintiff has a policy and practice of charging tenants
for all repairs made to the premises, Without determining whether –the charges are justified
under the lease.
6. Defendant has a right, pursuant to the provisions of the lease cited above, to be charged
only for those items which are not wear and tear and which were caused by herself, members of
her family who are members of the household, or her guests.
7. The Plaintiff__, is a municipal corporation subsidized and regulated by the Federal
government under the National Housing Act, 42 U.S.C. 1404a and organized pursuant to
Chapter ___ of the Ill. Rev. Stat., § 2 et seq.
8. The Plaintiff operates and maintains the Public Housing unit in which Defendant was a
resident, and through its Board and agents, supervises and directs the management and operation
of the Housing Authority.
9. The actions of the Plaintiff and its policy and practice of assessing repair charges to
tenants are maintained under color of the law of the State of Illinois and as officers and agents of
the County of ____.
10. Plaintiff's conduct, official policy and systematic mal-administration of the law and the
PHA responsibilities, implements and executes an official policy, practice and custom of the ___
County Housing Authority, which is to assess tenants all charges for repairs made to the
premises without making any preliminary determination of the tenant's liability therefore without
informing the tenants of the grounds for the charge and without informing the tenant oh his right
to challenge such determination.
11. Defendant has a property interest created by the provisions of her lease in being charged
for only those repairs which are not wear and tear or which were caused by her, members of her
household, or her guests.
12. Defendant's policy of arbitrarily charging Defendant and all other tenants similarly
situated for all repairs made to their apartment units without an independent determination of
whether Defendant or other tenants similarly situated are liable for said charges, and without
informing Defendant or other tenants similarly situated of the basis upon which said charges are
made, and of Defendant's and other tenant's right to challenge such charges, deprive Defendant
and other persons similarly situated of property without due process of law.
13. By violating Defendant's right to due process under the 14th-Amendment to the U.S.
Constitution, Plaintiff has also violated Defendant's rights under 42 U.S.C. §1983 of the Civil
Rights Act of the United States.
WHEREFORE, Defendant prays that" this court:
A. Enter a Declaratory Judgment that the Plaintiff Housing Authority's policy and procedure
of assessing repair charges to tenants without making an independent determination that said
charges were not wear and tear and were caused by the Tenant, a member of her household, or
her guests; without informing tenant of the grounds for said charges; and without informing
tenant of tenant's right to appeal the Plaintiff's determination of said charges, Violates the rights
of the Defendant under her lease contract with the Plaintiff and to due process under the 14th
Amendment to the United States Constitution.
B. Enter a Permanent Injunction, ordering Plaintiff to refrain from assessing Defendant and
others similarly situated any repair charges without making an independent determination
whether said charges were caused by wear and tear, the tenant members of the tenant's
household, or quests of the tenant; without informing the tenant-of the grounds for said repair
charges; and without informing the tenant of the right to appeal the determination by the Plaintiff
to assess said charges to the Defendant or any tenant.
C. Order that the Plaintiff pay the costs of this action as well as easonable attorney's fees
pursuant to 42 U.S.C. § 1988.
D. Grant such other and further relief as is just and proper.